Tag Archive for: Milwaukee

Wisconsin study suggests collaborative divorce on the wane

Not so long ago, collaborative divorce looked like it was the cutting edge of family law. The process was supposed to be less adversarial, less expensive and less difficult than traditional divorce. But now a report out of Wisconsin seems to indicate enthusiasm for the process has withered.

After sampling two years’ worth of Waukesha County divorce data, researcher Gregg Herman found collaborative divorce proceedings were actually on the decline in the study area.

Herman’s research found that the number of collaborative cases declined from 25 cases per year to 17.5. That’s a decrease from 2 percent of Waukesha County divorces to 1.4 percent of divorce cases. Also, the failure rate – or rate at which the collaborative divorce process did not meet the parties’ needs and expectations – went “way up” from 11 to 17.5 percent.

The research doesn’t point to a definitive answer for the decline, but Herman suggests one possibility could be that a weak economy may mean people are putting off divorce because they cannot afford it.

Herman cautions that collaborative divorce was never intended for everyone. It does not work well in cases of domestic violence, substance abuse, alcoholism or instances in which one spouse is trying to hide assets. The system also has its critics, who say it over-emphasizes cooperation and minimizes the zealous advocacy that people need to make sure they reach a realistic and just outcome.

If you are considering divorce, it is a good idea to think carefully about what option is best for you. Collaborative divorce may be a good option for some people, but it does not work for everyone and the study suggests that, locally at least, its utility isn’t living up to the hype.

Source:

•· The Milwaukee Journal-Sentinel, “Collaborative Divorce on the decline?” Bruce Vilmetti, 9 June 2011.

•· Wisconsin Law Journal

How do Milwaukee families relocate with split child custody?

After a divorce, many people will look at their living situations and might find that it is unsustainable, or a few changes might be needed. One of these changes might be the location in which a person lives. If a family decides they need to move, whether it is for financial reasons, education reasons or for support by other family members, there are many things that need to be considered. A very important consideration is child custody.

Many parents in Milwaukee share placement and may have joint child custody with another parent. If one parent intends to relocate and reside with the child 100 miles or more from the other parent, the parent who intends to relocate and reside with the child shall file a motion with the court seeking permission for the child’s relocation. See, Wis. Stat. § 767.481. It is very important to make sure that moving out of the area with your children doesn’t violate your court order.

The motion for relocation includes the date of the move, the reason and new proposed municipality and state of the move, as well as a new placement schedule including changes to holidays and costs for transportation of the child between the parents. This document must be filed within 60 days of the move and the other parent has right to object 5 days before the initial hearing which could include an alternate proposal with placement modifications.

An experienced family law attorney can help those who want to relocate work through child custody issues in Milwaukee. Making sure all the proper legal documents are in place before a move is important to ensure a person doesn’t run into legal trouble down the line.

 

Married couples now lead fewer than half of Milwaukee households

Just as the face of the American family has changed, the way family law affects Wisconsin families has changed over the years. Just over 20 years ago, more than 60 percent of family households in Milwaukee were occupied by married couples.

In 2000, 55 percent of family homes in Milwaukee were occupied by a married couple. Today, only 49.5 percent of family homes are occupied by married people. Now, single parents lead the majority of family households in Milwaukee, according to the latest U.S. Census figures. The latest statistics say that women running households without husbands are four times more common than men without wives.

Roberta Coles, the chair of Marquette University social and cultural sciences department, says the trend is no surprise in a society where marriage has lost some of its charm. Coles also blames the economy. In some cases, Coles says, couples want to be married but just can’t afford it.

Even without the commitment of marriage, people are still in plenty of relationships and they are still having children. Some couples are waiting for the right financial moment to tie the knot, while others are completing education and career goals before marrying.

With poverty prevalent in Milwaukee, Coles says it’s likely that brides and grooms will continue to wait to walk down the aisle. The Marquette University chair said that poverty reduces the likelihood of marriage and increases cohabitation.

It is important to note that an increase in the number of children born to single parents has a significant impact on family law in Wisconsin. While a drop in marriage rates is likely to produce a drop in divorce rates, an increase in the rate of children born to single parents will make different types of family court proceedings more important. Without a divorce case that decides family issues, child support and child custody cases will be needed to determine both parents’ rights and obligations towards their children.

Source: Milwaukee Journal Sentinel, “Married couples dip below half of Milwaukee family households,” Georgia Pabst and Ben Poston, 5/11/2011

Facebook provides info on dead-beat Milwaukee dad

A Milwaukee, Wisconsin, dad who moved out of state years ago is being stalked on Facebook; by the U.S. Department of Health and Human Services.

The 46-year-old owes more than $100,000 in back child support for a daughter born in 1993. His last child support payment was made back in 1996 and he has been delinquent ever since. He is wanted in Milwaukee on six felony counts of unpaid child support and authorities need help tracking him down.

Federal officials have turned to Facebook to try and find his whereabouts. HHS authorities sent a search warrant to the social media site to get the private information behind the man’s Facebook account. While Facebook will not say how often they get served search warrants or what they pertain to, a spokeswoman says the social media site does adhere to all federal laws.

Facebook provided a CD with the man’s information to federal agents that included pictures, comments, a list of friends, messages, his work history and IP address activity. (The Internet Protocol address is the numerical address of each device used to communicate on the Internet like his computer or iPhone.)

The man is supposedly a fitness guru and personal trainer to the stars who also launched an online web/television site.

It is not uncommon for people to hide their income or work history from authorities in an effort to evade paying court-ordered child support. If you need help collecting child support please feel free to contact our Milwaukee, Wisconsin, Child Support family law firm or read more on our child support web page.

Source: jsonline.com, “Investigators tap Facebook for details in child support case,” John Diedrich, Aug. 3, 2012

New Family Justice Center to serve as model for country

Wisconsin Governor Scott Walker hopes that a new Family Justice Center being built in Milwaukee will serve as a model to the rest of the state and to the entire country. Walker said the state will match private donations for the center, which will serve victims of domestic violence and their families. Walker said the state’s pledge should help project planners raise the last private funds needed to construct the $21.25 million facility. Planners hope to complete fundraising later this year and begin construction in 2014. If everything goes as planned, the new center will open in 2015.

The new center will be the first in the nation to provide a large-scale and comprehensive system of care for domestic violence victims. The 78,000 square-foot facility will house a 56-bed emergency shelter for families as well as resources to meet the families’ medical, legal and social services needs. The agencies expected to have a presence at the center include the Milwaukee Police Department, the District Attorney’s Office and the Milwaukee Public School District.
Victim advocates say the new center’s holistic approach will help break the cycle of domestic abuse. It can be difficult for a domestic violence victim to leave an abusive relationship because of fear of what the abuser will do. The new center will provide a safe place where all of the victim’s needs can be met, making life much easier.

It is critical for someone who is suffering from domestic violence or spousal abuse to seek help. A domestic abuse hotline can provide information and resources. A knowledgeable Milwaukee family law attorney can provide the necessary legal support.

Source: Milwaukee Journal Sentinel, “Scott Walker announces funding to help build Family Justice Center in Milwaukee,” Bill Klauber, Feb. 13, 2013